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  1. #1

    Default I-130 Petition

    Can you fill out the I-130 petition while your husband/wife is in the country illegally or do they need to leave the country first?

  2. #2
    Join Date
    Sep 2005
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    Default Re: I-130 Petition

    The real question is, did your spouse enter the U.S. legally? If not, filling in their address on the I-130 form effectively documents their unlawful entry (and you can't adjust your status following an unlawful entry). If so, lots of people seek adjustment of status after a visa overstay - and it is a really bad idea to leave the U.S. after an overstay of three or more months, as you will trigger a 3 - 10 year period of ineligibility to reenter.

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